ASSAM SECRETARIAT SERVICE RULES, 2019

PREAMBLE

In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India and in supersession of the Assam Secretariat Service Rules, 1963, except as respects things done or omitted to be done before such supersession, the Governor of Assam is hereby pleased to make the following rules regulating the recruitment and the conditions of service of the persons appointed to the Assam Secretariat Service, namely:-

Rule - 1. Short title and commencement.

(1)     These Rules may be called The Assam Secretariat Service Rules, 2019.

(2)     They shall come into force with effect from the date of their publication in the Official Gazette.

Rule - 2. Definitions.

In these rules unless there is anything repugnant in the subject or context:-

(a)      "Appointing Authority" means.-

(i)       the Governor of Assam in respect of the cadre of Under Secretary, Deputy Secretary, Joint Secretary and Additional Secretary;

(ii)      Chief Secretary to the Government of Assam in respect of the cadre of Superintendent;

(b)      "Chief Secretary" means the Chief Secretary to the Government of Assam;

 

(c)      "Government" means the State Government of Assam;

 

(d)      "members" means a member of the Assam Secretariat Service appointed to the service before or after the date of commencement of these rules;

 

(e)      "Secretariat" means all the Departments as defined in rule-4 of Assam Rules of Executive Business, 1968;

 

(f)       "Service" means the Assam Secretariat Service;

 

(g)      "Selection Committee" or "Committee" means the Selection Committee constituted under rule 6 of these rules;

 

(h)     "select List" means the list as referred in Rule 7;

 

(i)       "Year" means the Calendar Year from 1st January to 31st December.

Rule - 3. Class and Cadre.

(1)     The Service shall consist of the following classes and cadres as on the commencement of these rules, namely:-

(a)      Class-I:-

'It includes the cadre of-

(i)       Additional Secretary,

(ii)      Joint Secretary,

(iii)     Deputy Secretary,

(iv)    Under Secretary.

Class-II:- It includes the cadre of-

(b)      (i) Superintendent.

(2)     Each of the cadres in sub-rule (1) shall form an independent cadre. Members of any shall have no claim for appointment to a higher cadre except in accordance with the provisions of these rules.

(3)     Members belonging to cadre of clause (a) of sub-rule (1) shall be of Class-I Officers of Gazetted Rank and Members belonging to cadre of clause (b) of sub-rule (1) shall be Ministerial Officers of Class-II, Gazetted rank.

Rule - 4. Strength of the service.

(1)     The number of posts under each of the cadres shall be such as may be determined by Government from time to time:

Provided that the Government may review the strength of service once in every five years.

(2)     On the commencement of these rules the strength of the service shall be as shown in Schedule.

Rule - 5. Method of Recruitment by promotion.

The recruitment to the cadres of the service shall be made in the manner as prescribed hereinafter. -

(1)     Additional Secretary: - Recruitment to the post of Additional Secretary shall be made by promotion from Select List prepared for this purpose under rule 7 from amongst members of Secretariat Service in the cadre of Joint Secretary who have completed not less than one year of service in the cadre of Joint Secretary on the first day of the year in which the selection is made and by that time his entire tenure in Secretariat Service should be atleast 24 (twenty four) years.

(2)     Joint Secretary; - Recruitment to the post of Joint Secretary shall be made by promotion from Select List prepared for this purpose under rule 7 from amongst members of Secretariat Service in the cadre of Deputy Secretary who have completed not less than 2 (two) year of service in the cadre of Deputy Secretary on the first day of the year in which the selection is made.

(3)     Deputy Secretary: - Recruitment to the post of Deputy Secretary shall be made by promotion from the Select List prepared for this purpose under rule 7 from amongst members of Secretariat Service in the cadre of Under Secretary who have completed not less than two years of service as Under Secretary on the first day of the year in which the selection is made:

Provided that the members of the service in the cadre of Under Secretary shall be required to undergo in-service training as Government may prescribe from time to time.

(4)     Under Secretary: - Recruitment to the post of Under Secretary shall be made by promotion from the Select List prepared for this purpose under rule 7 from amongst members of Secretariat Service in the cadre of Superintendent who have completed not less than two years of service in the cadre of Superintendent on the first day of the year in which the selection is made:

Provided that the members of the service in the cadre of Superintendent shall be required to undergo in-service training as Government may prescribe from time to time.

(5)     Superintendent: - Recruitment to the post of Superintendents shall be made by promotion from the select list prepared for this purpose under rule 7 from amongst the Senior Administrative Assistant in the Secretariat who have rendered not less than 5 (five) years of continuous service as Senior Administrative Assistant on or before the first day of the year in which the selection is made and have passed the Group-B Training or equivalent as prescribed by Government from time to time:

Provided that a candidate must have possessed graduate degree in any stream as academic qualification from any recognized University.

Rule - 6. Selection Committee.

The Selection Committee as referred under rule 5 shall be constituted with the members as follows:-

Rule - 7. Procedure for selection.

(1)     Before the end of each year, the Appointing Authority shall make an assessment of the likely number of vacancies to be filled up by promotion in the next year in each cadre and refer the matter to the Committee along with the following particulars; namely,-

(i)       the approximate number of vacancies likely to occur during the year in each of the Cadres;

(ii)      furnish the Character Rolls and Personal Files of all eligible candidates;

 

(iii)     list of candidates in order of seniority cum merit (separate list for promotion to different cadres shall be furnished) indicating the cadre to which the promotion is to be given;

 

(iv)    details about Reservation in case of promotion.

(2)     the Committee shall examine the character Rolls and personal Files of the candidates, taking into consideration the seniority and merit of the candidates and prepare Select Lists of names in order of preference for recruitment under rule 5. These lists shall be forwarded by the Committee to the Appointing Authority;

(3)     The Appointing Authority shall consider the lists so prepared by the Committee along with the Character Rolls and other documents received and approve the lists unless it considers any change necessary.

(4)     If the Appointing Authority considers it necessary to make any change in the lists received from the Committee, then, it shall inform the Committee of the changes proposed and after taking into consideration the comments, if any, of the Committee, shall approve the lists finally with such modification, if any, as may in its opinion be just and proper.

(5)     The lists so finally approved by the Appointing Authority shall form the Select Lists for the purposes of appointment under rule 5.

(6)     The Selection Committee shall meet minimum once in a year and review the Select Lists every year.

(7)     A Select List shall ordinarily be in force until it is reviewed or revised under rule 8, provided in the event of any great lapse in the conduct or performance of duties on the part of any candidate in the Select list, the Appointing Authority, may if he so thinks fit, remove any such candidate from the Select List.

(8)     Appointments shall be made from the Select List in the order in which the names appear in the lists, provided that a temporary appointing for a period not exceeding two months may be made by the Appointing Authority at his own discretion.

Rule - 8. Probation.

Persons appointed to the service against permanent vacancies shall be on probation for a period of one year:

Provided that the period of probation may, for good and sufficient reasons, be extended by the Appointing Authority in individual cases by a period not exceeding one year.

Rule - 9. Confirmation.

A probationer who has completed his period of probation to the satisfaction of the Appointing Authority shall be confirmed in the initial cadre i.e. Superintendent of the Service.

Rule - 10. Discharge or reversion before confirmation.

At any time before his confirmation a member is liable to be reverted to his next lower rank, if his performance of duty has not been satisfactory or if the Appointing Authority finds him otherwise unfit for holding the post.

Rule - 11. Disqualification.

No person shall be eligible for appointment to the Service:-

(a)      if it is found on a subsequent verification that he was initially not qualified for the appointment or that be had furnished any incorrect information with regard to his appointment;

(b)      if he has more than one wife living or in case of a female candidate who has married a person who has wife living.

Rule - 12. Pay.

The scale of pay admissible to a member of the service shall be as shown in Schedule subject to revision by Government from time to time.

Rule - 13. Gradation List.

Gradation list shall be prepared and published every year containing the names of all members of the service, cadre-wise in order of seniority and such other particulars as date of birth, date of appointment, community, educational qualification etc.

Rule - 14. Seniority.

The Seniority of members of the service belonging to each of the Cadres recruited in any year shall be in the order in which their names appear in the relevant select list prepared under rule 7.

Rule - 15. Miscellaneous.

Except as provided in these rules, all matters relating to pay, allowances, leave, pension, discipline and other conditions of service shall be regulated by general rules framed by Government from time to time.

Rule - 16. Relaxation.

Where the Government is satisfied that the operation of any of these rules may cause undue hardship in any particular case, it may dispense with or relax that rule to such extent and subject to such conditions as it may consider necessary for dealing with the case in a just and equitable manner :

Provided that the case of any person shall not be dealt with in any manner less favourable to him than that provided by any of these rules.

Rule - 17. Interpretation

If any question arises relating to the interpretation of these rules, it shall be referred to Government in the Personnel Department whose decision thereon shall be final.

Rule - 18. Repeal and Savings.

The Assam Secretariat Service Rules, 1963 published under Notification No. ABM. 172/61/71 dated 24-07-1963 and published in the Assam Gazette Part. II A, dated 31-07-1963 at P.2075-2079, is hereby repealed:

Provided that all orders made or action taken under the rules so repealed or under any general orders ancillary thereto shall be deemed to have been validly made or taken under the corresponding provisions of these rules. 

SCHEDULE

The present strength of the service and their scale of pay are shown below cadre wise